>> bret: the reaction. that's pretty good editing. thanks for being with us over the last two weeks. that's it for "special report," fair, balanced and unafraid. >> harris: this is the fox report. tonight, a robbery and a hostage situation for hours on this friday that began inside this radio shack and moments ago police moved in and if you can believe it one of the gunmen updating his facebook page during the standoff. we will go live to the scene. the latest jobs report comes up short with two months until election day. >> harris: governor romney calls it the hangover after president obama's big party. >> when i create jobs we need to create to put americans back to work. >> harris: the president says governor romney's plan is not

the answer. >> tax cuts to help you lose a few extra pounds. tax cuts to improve your love life. >> tonight, the race for the white house heads into the home stretch. >> harris: and a driver passes out on the highway with a little girl in the backseat. >> a lot of traffic, i didn't want the situation to get worse. >> we will meet the hero who stopped a run away car. we begin tonight with what could be a major challenge for president obama as he seeks re-election. i'm harris faulkner in tonight for shep. this morning, we got word the unemployment rate had dipped and not for a reason though that anybody wanted to see. the labor department reporting the unemployment rate fell to 8.1% last month. down from 8.3% in july. sounds good on its face. but the big reason that it dropped is that a lot of americans simply gave up looking for work. nearly 370,000 people according to the government.

both president obama and republic nominee mitt romney on the campaign trail today talking about those jobs numbers. vice president biden and vice presidential nominee paul ryan out as well. within 60 days until the election both sides doing everything they can to convince voters each of their plans is the right plan. rich edson live for us tonight in washington with more on these jobs numbers and what they will mean for all of us. rich? >> well, harris, we had job creation but too slow to keep up with population growth. update of june and july's totals shows 40,000 fewer jobs created than first thought. a percentage of those either working or looking for a job. that gel to 63.5% of the population. the lowest in more than a generation. meaning folks are leaving the workforce. many because they think they just cannot find a job. harris. >> harris: that is troubling news. people can't find work. should we expect any action now from the fed because they have been talking about stepping in. >> right. because of this continue ited

sluggish job growth, analysts largely expect the federal reserve to either commit to keeping interest rates low for an even longer period or flood the market with more money. one economist says the fed will act, ant and it won't matter much. >> it won't do much good. we have already had two rounds of quantitative easing and unemployment is up above 8%. moreover, all that money that's come from europe in the wake of their crisis has lowered interest rates to record levels. there is really not much more the fed can do. >> investors hope the fed will act. the federal open market committee makes these decisions and it meets this wednesday and thursday. harris? >> harris: real quick, rich, before i let you go, what sector in particular is feeling this. >> we thought we had been seeing some pretty good manufacturing growth over the last few months. that wasn't the case here. manufacturing sheds about 15,000 jobs. the government fell about 7,000. when you take just private sector growth, that's private companies hiring, 103,000 jobs. we have gotten a report yesterday that said private companies had hired about

200,000 folks last month. so that was a disappointment there. much in leisure and hospitality that's some of the more private sector job growth when you break it down, harris. >> harris: i will will tell you for millions of people out there this sounds like deja vu all over again. rich edson thank you very much for the perspective on this. president obama saying that things are getting better. he points out more than 4 trillion americans have -- 4 million americans have found jobs. not good enough. governor romney told fox news he agreed. >> you see the continued pattern which we are not creating the jobs we need to create to put americans back to work. for every net new job created, about four people dropped out of the workforce, so we are going in the wrong directions. >> harris: the two men don't agree on how to run the country or how to read these jobs numbers. we have ed henry traveling with the president. we will get to him in moments. we are having technical difficulties as soon as we can check in with ed henry, we

will. a hostage situation now to tell you about in colorado. it's over. finally. safe as fox reports tonight. after that standoff at a radio shack lasted almost all day long on this friday. police confirming two suspects involved in this. according to our fox station kddr in denver the men tried to rob a nearby store. at least one suspect reportedly firing gunshots retreated inside that radio shack and took a manager in there hostage. no reports of anybody getting hurt. i mentioned how long this went on today. we have dramatic new video showing swat team members approaching the entrance to the store. [gunfire] >> guys, get back! >> gunshots fired. [gunshot] >> harris: you heard it guys get back. they couldn't see around the corner there. we were following this on fox news channel earlier today as it was breaking news. can i tell from you talking

with the local police department there, they were dealing with not only not being able to see inside, the guy was shouting and reporters could clearly hear the guy shouting. voices coming out of that radio shack. we're learning one suspect, in fact, was updating his facebook page while the whole thing was going on inside the radio shack. one post reportedly reading, quote: swear to god i'm going to die. alicia acuna is live at the scene there in denver. how does this end? >> hi, harris. well denver police chief robert white says it ended without anyone being injured he credits the work being done by hostage negotiation team. questions remain over how much work was done by the family and friends by the two suspects inside because being here all day we can tell that you there was quite a bit of activity going on by relatives and friends who were on the phone with the suspects during the six-hour standoff. now, once it ended and once the suspects were taken into custody, and once the hostage,

chris nemmerfro he was reignited with his family. mother and father talked to us. take a listen. >> he just decided he was going to be killed. >> gave us a hug and broke up in tears. >> he said that he thought he was gone. he just prayed real hard and over and over he wanted to see his son. harris, afterward his family told me this was actually the third time that chris has been held at gunpoint in this same store. harris? >> harris: alicia acuna, thanks so much. now we want to return to ed henry live in iowa city, iowa where the president has wrapped up a campaign rally. ed, i was reporting earlier that there have been tough jobs numbers come out. maybe a good news folded in but certainly not what this president wanted to be talking about on the night after huge speech accepting the nomination of his party last night. >> absolutely, harris.

the bottom line is he was talking up one of his big goals if he is reelected would be a million new manufacturing jobs over the next couple of years. that he would create. he made that goal. he didn't have a plan to actually do it, but the goal and the fact is that in today's jobs report, manufacturing actually lost ground in the month of august, the first time in over a year. and so what the president was trying to do today was put the best face on it, say that we have had some job growth over many months. he acknowledged it was not enough even as he mocked mitt romney. take a listen. >> that's because all they have got to offer is the same prescriptions that they have had over the last 30 years. tax cuts, tax cuts, gut some regulations. oh, and more tax cuts. [ laughter ] tax cuts when times are good, tax cuts when times are bad. tax cuts to help you lose a few extra pounds. [ laughter ] tax cuts to improve your love life.

>> the problem for the president though is last night vice president biden basically said the country has turned the corner. today's jobs report makes you wonder. harris? >> harris: yeah, for those millions of americans, they probably don't feel much like they have turned a corner. how could this potentially hurt any convention bounce? because you hear about that after the conventions they wait for the polls to go up. >> sure. and white house senior advisor david plouffe told us today that he believes the president does have what he called momentum. he didn't use the word bawns. he was careful because they always want to manage expectations he thinks the president does have momentum. we spoke to political analysts today who said this jobs report puts a damper on this it take a listen. >> bad jobs report like this one undermines his argument and, you know, throws a wet blanket over his convention coming out of the convention heading into the general election. no question. >> what the house is hoping though is that a lot of voters

believe this is baked into the cake unemployment high for a long time. maybe they're feeling it get a little bit better. they also feel that the convention itself had powerful speeches from the first lady and former president bill clinton and some of this will balance out and they will at least get a small bounce out of it, harris. >> harris: ed henry traveling with the president tonight, thank you very much. now that he is officially the nominee, governor romney has a lot more money to spend. is he using some of that cash to kick off a new ad campaign targeting some battleground states but not others. details coming up on the top story at the bottom of the hour inside "the fox report." first though, investigators say that they have hauled a man off a plane today at gunpoint after getting a call from a pay phone. turns out, the whole thing was a hoax. but the feds are not laughing. and the guy accused of pulling this thing off, probably not having a great time right now either. plus, a chunk of an entirely different plane falls out of the sky and lands right near some homes. and people are talking about what they saw and heard before the plane hit the ground.

the plane part. stay close.

>> harris: a hoax that looked so real the feds got involved and tonight federal prosecutors charge ago man with making a prank call that forced a passenger plane to turn around during mid flight. the u.s. air waist jet was headed from philadelphia to dallas yesterday when investigators say somebody called and said a passenger on board had explosives. the pilot returned to philly and security pulled that passenger off the plane. >> he just acted stunned. yeah. he just basically just said, you know, what the bleep is going on. >> he was obviously very alarmed as i would be if heavily armed police officers entered a plane to take me after and he was certainly stunned. and that's why this is no joke. this is no laughing matter. >> harris: well, before the plane landed, the passenger who police removed posted on facebook, quote: we just spent a half hour in the air

to be notified that the plane has technical difficulties and had to fly back, question mark, exclamation pointed. he apparently had no idea he was, in fact, the reason for the turn around. as it turns out, he did not have any explosives on him and the guy accused of calling in the warning was in court today. david lee miller was in the newsroom this morning. david lee, authorities say it this is all about a love triangle? >> indeed, the alleged perpetrator of the hoax 26-year-old kenneth w. smith jr. of philadelphia said he gave cops the bogus information about explosives on that u.s. air flight because of a woman. smith, who was in court today, told investigators he made the bogus call to police to retaliate against his girlfriend's ex-boyfriend for posting compromising photos of her on facebook. smith is now free on a quarter million dollars bail but his legal problems are not over. he faces federal charges that could result in 10 years behind bars. as well as a quarter million dollars fine. harris? >> harris: boy, if that is through is one heck of the way to get back at somebody.

the trouble is not over for the apparent victim the guy hauled off the plane. >> that's right. he had a very bad day. the alleged hoax victim 29-year-old christopher shell no doubt about breathe a sigh of relief. he was allowed to continue his trip to dallas where he was planning to celebrate his birthday but when his plane touched down he was arrested by airport police there. that's the second time in one day. this time for outstanding drug warrants issued by the county sheriff's department. one for marijuana, the other for a controlled substance. after his release on bond, shell had nothing to say to reporters. but his sister earlier in the day said he had a knack for being at the wrong place at the wrong time. harris? >> harris: yeah, the problem with getting caught up in a hoax is that you get flagged with every other agency out there. suddenly on everybody's radar. david lee miller thank you very much. the chunk of metal the size of a refrigerator fell off an airplane and crashed just feet from homes and cars. you don't see never day. it happened at a neighborhood

in washington state about 15 miles south of seattle. witnesses say the metal panel hit the ground and skipped some 30 feet before coming to a stop. the feds identifying the plane part as a landing gear door neighbors say a cargo jet flew overhead around the same time they heard the crash. a sheriff's deputy risked his life to stop a moving car and it was all caught on camera. it happened in davis county, utah, north of salt lake city. callers reported an unconscious driver with a little girl in the backseat of the car. as the deputy arrived at the scene, he saw a semi-truck blocking that car to make sure nobody smashed into it and then that deputy ran to the window. look at this. leaned in with the car still moving and pulled up the emergency brake. i thought he wasn't going to get the car stopped. i got daughters myself. there is a little girl in the backseat. there is a lot of traffic. i didn't want the situation to get worse. >> harris: thank goodness for him. police say the driver had

previously run into a concrete barrier. we don't yet know what was wrong with that driver. well, new signs the syrian presidents' days could be nourished. reports not one but two bombings targeting government building in the syrian capital. we will look at who may have orchestrated these attacks. plus a family vacation turned deadly when somebody shot and killed the parents of two little girls in the mountain. and a family feud we are learning may have triggered the violence. that's next on "the fox report."

canada cutting all diplomatic ties to iran and closing embassy in iran all of this in response to iran's threat to israel and support for syria. in a statement, canada's foreign affairs minister saying, quote: the iranian regime is providing increasing

military assistance to the assad regime it refuses to comply with u.n. resolutions and engages in racist anti-semitic rhetoric. earlier there week the "new york times" reported iran -- using iraqi airspace? a push to keep iranian president in power. the slaughter there continues. the head of the red ross cross now warning the situation in syria is, quote, rapidly deteriorating. our leland vittert with the news life from our middle east bureau. leland? >> harris, right now the reports out of syria are showing increasingly desperate situation there. the rebels are losing ground and running out of flies. orthopedic, the syrian government has been unable to ceo crush these insurgent fighters. and attacks that are now commonplace in the country trips capital. >> syrian state tv broadcast images of two bombings inside heavily fortified damascus suburbs. first a motorcycle call bomb

killed five policemen as friday prayers went out. then a car bomb later in the afternoon. the attacks have all the hall marks of the al qaeda syndicated group working in syria. further the government claims that the rebellion is fueled by, quote, foreign terrorists. women and children though are taking the brunt of the counter attacks. amateur video, which we cannot independently verify shows smoke rising from residential neighborhoods under constant shelling from the syrian army. on the ground, the shell shocked victims and ambulances rushing to help are often under fire. there are five minutes between each bombardment, says this doctor. we are finding it very difficult to retrieve the wounded. french government has now offered aid to rebel held areas in the northern part of the country. that includes things like opening bakeries and also trying to repair some of the water systems in that part of the country. that harris is, a far cry from what the rebels have requested which is more weapons and possibly a no fly zone. harris, back to you.

>> harris: far cry indeed. leland vittert thank you very much. a battle over inheritance may have led to the bloody executions of some tourists in the french apps according to several british newspapers. getting our first look now at the brutal scene from wednesday. police say they found the bodies of a british iraqi couple and swedish women in this car. each shot in the head. you see it there on the back of that truck. inside the car the couple's 4-year-old daughter was unharmed. hiding underneath her mom's legs. the child's 7-year-old sister survived a gunshot to the shoulder. in fact, they say the shooter left her bleeding and battered outside the car. adding to the mystery in all of this. police say nearby they found the body of a cyclist unrelated to the family. they are not confirming. british reports of an inheritance battle but they do say the victim's brother denies any involvement. supporters of medical marijuana may have a new ally. what the republic vice presidential nominee is saying about it.

and a new poll showing which way one key group of voters is leaning in the battle for the white house. plus, new threats against an american prisoner of war after the u.s. cracks down on the militants who are holding him. that's coming up as we approach the bottom of the hour and the top of the news. like a camo tech hooded fleece for under $25. this ambush ir camera for under $200. and now get these great deals everywhere with one price shopping. just call, click or come in. from tests like this. ♪ and even more from real families who use them like this. we think there's another test to consider. it's based on one simple question.

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>> harris: four nfl players caught up in the bounty scandal with now suit up and hit the field this season. an appeals panel has just tossed out their suspensions

related to the new orleans saints so-called bounty program. you may recall the league benched these players claiming they accepted money to injure players on opposing teams. two are still with the saints. the other two are not. the panel ruled today the nfl commissioner roger goodell did not have the authority to suspend the players tore faking money for big plays. but it did rule goodell can reinstate the penalties if he can prove they purposefully tried to hurt their opponents. well, we are learning more about the damage from a pair of earthquakes in one country that left at least 64 people dead. more than 700 hurt. it is our top story as we go around the world in 80 "around 0 seconds." china. a magnitude 5.7 quake striking first in the southwestern province early this morning. less than an hour after that a 5.6 quake hitting the same mountainous area. rescuers struggling to reach some victims. and landslides sent heavy rocks and debris road.

authorities reporting 100,000 people evacuated with at least 20,000 homes damaged or collapsed. ecuador. crews battling a forest fire spreading to the outskirts of the capital city. dry weather not helping. authorities reportedly arresting two people they suspect of setting the fire. japan. the 2012 chinese cultural festival kicking off in tokyo marking 40 years of diplomatic relations between the two nations. japan's former p.m. on hand for the three day event featuring food and dancing. some 10,000 visitors expected. united kingdom. [ laughter ] hey, meet me on the london roof top for a hot tub cinema. guests rent out the 8 person inflatable tug to hang out with friends while a film plays on a big screen. organizers saying he got the idea last year after watching movies with his friends in his backyard hot tub and that's a

wrap on this fox trip around the world in 80 "around the world in 80 seconds." i'm harris faulkner in tonight for shepard smith. this is the fox report. governor mitt romney and president obama still neck and neck as they head into the final two months of the campaign. a new poll showing governor romney leading president obama by 3 points among likely voters nationwide. and by 5 points among independent voters. both leads are within the margin of error so they are statistical ties at this point. the pollsters tell us they did the survey over the past three days during the democratic convention. so most or all of it was before the president's acceptance speech. campaign carl cameron is live in new hampshire tonight where governor romney is just holding a rally right now. and. >> carl, what's the thinking about who has the momentum coming out of the convention? >> well it, will be a couple of days before we really get to see some significant polling about what the

democratic bounce may or may not be. it's fairly obvious that it's as tight as a tick. the race a virtual tie. nothing seems to have moved the needle. mitt romney had hoped to get 11 point bounce from the combined edition of paul ryan to his ticket and the republic convention. that doesn't seem to have happened. and, yet, it really appears more and more likely now that the next two or three weeks of hard core campaigning by both campaigns which brought both mitt romney and president obama to new hampshire respectively yield to the debate season. quite likely with three presidential debates and one vice presidential debate in the first four of the five weeks in october, everything prior to that will have been wiped clean. the two candidates go into october, the debate season if you will essentially tied. that's where it has been now virtually for the last year and a half. the gallup poll has never had a margin between the two candidates of more than 7%. and that

$5 million. it will go in 8 states. take a look where they're, they include all the traditional battle grounds, florida, virginia, ohio. new hampshire, iowa and more all included in every single one of those states barack obama was the winner in 2008. romney will be running 15 commercials in the next week or so in those states and it real solid a road map of his must-wins. only in north carolina is mitt romney currently leading the polls. in every other of those battleground states, the real clear politics average shows that barack obama has a slight lead. in north carolina, ironically where the democratic national convention was in charlotte,

romney has the advantage but there is the road map. those are the states that romney intends to win. those are the ones that if he does win including the mccain map of 2008, he has a shot at actually winning the presidency, 60 days from now. >> harris: those people in those states are about to seat barrage of ads coming their way. carl cameron glad are with us tonight. thank you. governor romney's running mate is defending medical marijuana or at least a state's right to legalize it congressman paul ryan telling a colorado television station he does not personally approve of allowing pot for medical reasons. but, he also does not think the feds should interfere with states that have legalized it now, under the current president, federal prosecutors have shut down the medical marijuana operations in colorado and california. the militant organization, accused of holding a u.s. army sergeant hostage in afghanistan now officially a terror group in the eyes of the united states. the name? the haqqani network. its commanders saying he they are the american sergeant bo bird dal in their custody

after the tall can kidnapped him near the afghanistan and pakistan border. right now he is the only prisoner of war in afghanistan. those haqqani militants warned today's news could endanger the life of that soldierful the pentagon blaming the haqqani network for a series of deadly attacks inside afghanistan including last year's assault u.s. embassy and nato headquarters kabul. that siege stretched on for days six people including six small children. secretary of state hillary clinton making military has been very

frustrate and has wanted the state department for years now to designated haqqani network a terrorist organization. that is what happened today. the haqqani network is an off chute of the taliban. it's responsible for more u.s. troop deaths in eastern afghanistan than any other group. its carried out high profile attacks as you men'sed on the u.s. embassy, nato headquarters, the indian embassy and continental hotel in kabul. its bases are in pakistan and has ties to pakistan's intelligence service or isi. >> i think the relationship between the haqqani network and the isi certainly exists but it's a lot more troubled than many outsiders understand. the haqqanis and the isi definitely don't get along all the time there is a tremendous amount of animosity and the haqqanis have made a veiled threats, thinly veiled threats that once the americans pull out of the region, they will turn their guns on islamabad. >> for years, the state department didn't designate

the haqqani group terrorists it didn't want to alienate the pakistani military. those changed after the bin laden raid. the gloves came off then. >> harris: jerch, we heard about the threat they said this kind of announcement and the impact it might have on sergeant berg doll. what impact could this have on the rest of our troops in the fighting in fing. >> the designation should trigger sanctions and dry up the group's ability to gunned raise in the gulf states the haqqani network for decades. remember what admiral mike mullen said before he retired

as chairman of the joint chiefs. >> the haqqani network for one acts as an arm of pakistan's internal services intelligence agency. >> as one senior defense official put it, to me the justice department will do what it has to do. and the defense department will continue doing what it has been doing. last month, it killed one of the top leaders of the ha qana any group the son of the founder of the group and they said they are going to continue with drone strikes into the pakistan targeting the haqqani group. harris? >> harris: jennifer griffin at the pentagon tonight. thank you very much. ♪ ♪ >> harris: tuesday will mark 11 years since the attacks of september 11th. today we got a look at one the new skyscrapers rising where the twin towers once stood. this is four world trade center, 72 floors of office

space set to open about a year from now. developers saying the project is right on schedule. they are planning a big celebration for opening day. >> the world trade center is back. this is a place that's full of life, it's full of the remembrance and the solemn recollection that goes on at the memorial but it's also full of life, of people on the street and commerce and all the great things that make new york what it is. >> harris: last year president obama and former president bush visited the world trade center site to mark 10 years since the attacks. this year the officials say the president will on or about a moment of silence at the white house to attend a memorial at the pentagon and visit wounded troops at the walter reed medical center. a bank manager claims gun gunmen forced theory rob her own bank branch by strapping what they said was a bomb to her body. [explosion] >> harris: what the bomb squad said about that device coming up. and, just weeks after prince

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>> harris: investigators trying to solve a bizarre bank robbery in california a bank of america branch manager gunmen strapped what they said was a bomb to her stomach and forced her to rob her own bank. it happened wednesday, not far from downtown los angeles. police say the bank manager told them the gunmen grabbed her outside her home. they strapped on the device, took her to the bank and had her employees throw money to them as they waited outside. >> when the sheriff's deputies got there, they evacuated the bank and remained inside the bank with the bank manager who had strapped to her what appeared to the deputies to be an explosive device the bank manager believed it was

explosive device. the patrol deputies stayed with her helping her to remain calm and keeping her in the bank. >> harris: the bomb squad used a robot to detonate the device. there you see it technicians later said it was actually not a real bomb but the gunman got away. investigators are checking to see whether or not this could have been an inside job. trace gallagher live in our west coast news hub now. police have searched that woman's house. they pulled out boxes of potential evidence from the apartment. they are on scene for two hours. interestingly, they also impounded the manager's car which is curious because she says that she drove from her apartment complex to the bank on her own and that the suspects trailed behind her, driving a white kia. and apparently these robbers did their homework because they did not step foot inside that bank. and the bags of money were tossed out the back door where there are no surveillance cameras, leaving some to wonder if the manager knew the

suspects listen. >> that's something that any investigator is not going it rule out early on when you are dealing with, you know, a fresh set of information. but, unless evidence suggests that to investigators, we're treating this employee as a victim. >> now, police won't disclose exactly how much cash the robbers got away with except to say that it was significant. harris? >> harris: what about any other clues in this case? >> very few, which is kind of why police are now retracting their steps. going from the apartment complex to the bank, seeing if there is any surveillance cameras on businesses that might have captured some video of the suspects actually trailing the bank manager or for that matter the suspects getting away. there is not even a sketch of the suspects to date. and many have said this is very reminiscent of what happened in pennsylvania back in 2003. remember that, where the pizza delivery truck driver had that bomb strapped on his body. he went in and robbed that bank. that bomb eventually exploded

and killed him and to this day, harris, it's unclear if the bomber actually had any involvement or the pizza delivery man in the planning of that heist. harris? >> harris: yeah, but they have a lot of live people they can talk to on this one. trace gallagher thank you very much. a fox news weather alert now. it is monsoon season and that is causing some severe flooding in the phoenix area. rescuers still searching. look at all. this this is the desert. they are still searching for a 52-year-old woman after the high water apparently swept away a man and his wife. emergency crews found the husband who may have suffered two broken legs we're told. fire officials say they have made at least a half a dozen flood rescues just since last night. chief meteorologist rick reichmuth is live with more. you are from this part of the country. it is that season it seems like an awful lot this year. >> you say a good monsoon season. you want to get the moisture in the rainy season. they have had a lot of it take a look at the images of this dust storm that moved across the phoenix area as well.

the wind comes down out of sky, hits the ground, pushes all of that dirt out in front of it and that's before any of the moisture hits. this is also going on right at the same time. but very heavy rainfall. radar indications 2 inches to 3 inches. some places get around 6 or 7 for the entire year. 2 inches to 3 inches for the day. that gives you an idea how extreme this rain has been over the last couple of days, harris. >> harris: without severe weather in other parts today and tomorrow i think we are expecting. >> yeah we're. a big storm system that's going to cool temperatures down and feel like fall behind us for a lot of people. good news down across the south. all these areas here have severe thunderstorm watches in effect. today a bit of a tornado threat. take off those watches and there are a couple of tornado warnings there across parts ofism know and indiana. so be very careful. here is where we got it today, tomorrow harris it moves off farther to the east. bulls eye this red dealing with a major wind storm across the northeast by tomorrow afternoon. >> harris: rick reichmuth thank you very much. >> you bet.

>> harris: this just into fox news. arnold schwarzenegger did not break any laws when he cut the prison sentence of a political ally's son. but the judge who made that ruling also calling the governor's actions, quote: distasteful and repugnant. just hours before governor schwarzenegger left office last year, you may remember he reduced a minuter's manslaughter sentence from 16 years to 7. the victim's family and the san diego district attorney sued accusing the governor of breaking california victim's. we know did he not in fact break any laws. first came the smoking bans in restaurants and bars and offices and public spaces. well, now, word college campuses across the nation are telling it students to butt out. a live report. based on this cha, who would you choose ? wow. you guys take a minute. verizon, hands down. i'm going to show you guys another chart. pretty obvious. i don't think color matters.

pretty obvious. what's pretty obvious about it ? that verizon has the coverage. verizon. verizon. we're going to go to another chart. it doesn't really matter how you present it. it doesn't matter how you present it. verizon. more 4g lte coverage thaall other networks combined. and what they said is amazing. review 5-hour energy over 73 percent who reviewed 5-hour energy said they would recommend a low calorie energy supplement to their healthy patients who use energy supplements. seventy-three percent. 5-hour energy has four calories and it's used over nine million times a week. is 5-hour energy right for you? ask your doctor. we already asked 3,000.

universities campuses are ban smoking selling or advertising toe tobacco products according to the national tobacco policy center. three states arkansas, iowa and oklahoma already have laws requiring all public colleges and universities to go smoke-free. claudia cowan is live in our san francisco newsroom. and claudia, just how widespread is this college crackdown on smoking? >> well, harris, these are dark days for campus smokers. currently 774 colleges and universities have he have strict limits on where students and staff can light up. and more than 560 schools have banned tobacco use all together. >> when you look at the number of these policies that have passed the universities, the vast majority of them are coming from the student mop legs up to administration. so this is both student driven as well as administration leading the policies to protect employees.

>> supporters say it's a sign of the times. fewer people are lighting up these days and more communities are passing laws to ensure a smoke-free work place turns out many colleges and universities are not covered by local laws. that is partly why we are seeing more and more of these schools adopting policies on their own, harris? >> harris: claudia, i know no someone necessarily wants anybody to have to breathe unhealthy air because they're smoking but smokers can't be happy about this. >> definitely a push back on all of this because after all smoking is legal. many campus smokers say a cigarette or two helps them relax, even focus and even nonsmoke smokers like this student say tobacco bans go too far. >> this is definitely an attack on rights and attack on freedom and our liberty to, you know, put what we want in our body and behave as we choose. >> he and other critics wonder what will be banned next. but those in the fight against tobacco don't care and in the years ahead, hundreds of colleges are expected to pass

rules designed to get people to quit or never light up in the first place. harris? >> harris: claudia, thank you very much. well, britain's prince harry is back in afghanistan fresh from his infamous vegas vacation. thrird in line to the british throne is now deployed on a four month combat mission. you may notice this is his second tour in afganistan. the prince made headlines around the world though last month when somebody leaked those nude pictures of him partying in a las vegas hotel suite. the booze fueled shenanigans, i haven't said that word since 19 9. reportedly left buckingham palace very angry. harry will now spend his 28th birthday next saturday in uniform. don't expect any more of those wild parties. the compound where is he stationed does not allow any alcohol. well, jay leno, funny dude. i don't know, maybe his best attribute is his heart. see what the tonight show host did for his staff when nbc took an ax to the show's budget.

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and, yes, do you have to go to school in the morning. [ applause ] [ laughter ] >> the white house confirms maliyah and sasha did in fact fly back to washington this morning and go right to school. well, tonight show host jay leno probably won't have to start clipping coupons any time soon did take a pay cut. it slashed the show's 100-million-dollar production cost by 20% and it let go some 20 staffers last month. leno reportedly took that hefty pay cut so nbc would not lay off any more people. now he makes about $15 million a year. not hurting.

updating top story now. stocks closing higher after a weak jobs report. unemployment rate fell to 8.1%. that's only because so many people stopped looking for work. police in denver say two suspects are in custody tonight and a hostage is now safe after hours of standoff at a radio shack today. our nation first said hello to uncle sam. samuel wilson supplied barrels of beef to the united states army during the war of 1812. stamped on each barrel the initials of uf. before long at the began calling the grub uncle sam's. the name stuck. legendary cartoonist created the bearded guy with the top hat. uncle sam was up front and center during world war i on posters declaring i want you for the u.s. army. but a national icon first tipped his hat 199 years ago today. and that